South-Central Timber Development, Inc. v. Wunnicke

South-Central Timber Development, Inc. v. Wunnicke

Argued February 29, 1984
Decided May 22, 1984
Full case name South-Central Timber Development, Inc. v. Wunnicke, Commissioner, Department of Natural Resources of Alaska, et al.
Citations

467 U.S. 82 (more)

104 S. Ct. 2237; 81 L. Ed. 2d 71; 1984 U.S. LEXIS 88; 52 U.S.L.W. 4631; 14 ELR 20548
Holding
Although there is a clearly delineated federal policy, endorsed by Congress, imposing primary manufacture requirements as to timber taken from federal lands in Alaska for export from the United States or for shipment to other States, in order for a state regulation to be removed from the reach of the dormant Commerce Clause as being authorized by Congress, congressional intent must be unmistakably clear.
Court membership
Case opinions
Majority White, joined by Burger, Brennan, Blackmun, Powell, Stevens (Parts I, II)
Plurality White, joined by Brennan, Blackmun, Stevens (Parts III, IV)
Concurrence Brennan
Concurrence Powell, joined by Burger
Dissent Rehnquist, joined by O'Connor
Marshall took no part in the consideration or decision of the case.
Laws applied
U.S. Const. Art. I § 8

South-Central Timber Development v. Wunnicke, 467 U.S. 82 (1984), was a United States Supreme Court case in which the Court held unconstitutional Alaska's inclusion of a requirement that purchasers of state-owned timber process it within state before it was shipped out of state. According to a plurality opinion by Justice White, Alaska could not impose "downstream" conditions in the timber-processing market as a result of its ownership of the timber itself. The opinion summarized "[the] limit of the market-participant doctrine" as "allowing a State to impose burdens on commerce within the market in which it is a participant, but [to] go no further. The State may not impose conditions [that] have a substantial regulatory effect outside of that particular market."[1]

References

  1. Briefs, Casenote Legal (2008), Casenote legal briefs: keyed to courses utilizing Gunther and Sullivan's constitutional law, sixteenth edition. Constitutional law (4 ed.), Aspen Publishers Online, p. 45, ISBN 978-0-7355-7172-3
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